The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1887-03-24

Ene Jurors. w. L. w lChIlit, LhoInto
Russell, James Pickrel. J. FL. Rick
man (col.), David W. Davis, B. F.
Martin, Thomas Stafford, Reese Lewis,
John S. johnson (col.), William
Rider, William Brooks, Andrew s..
Wallace. Ambrose Leach and E. G.
Powell conducted the prosecution,
while Irvine DUNCAN and d. E. Phil
lips were counsel for defense. The
following is partial report of the
trial and of the evidence:
E. C. Powell stated the for the State by read
ing Indictment, and by stating briefly what the
State expected prove That the killing took place
near the Acorn Shaft, not far from Wellston. That
and deceased had quarrel in the after
noon and that the quarrel was settled.
Irve DUNCAN stated the case for defense. Defend
admits the killing, but that it done In SELF
defense.
We expect TO show that defendant left KY to avoid
Yates. The defendant had a right to the shanty.
That defendant had right to arm himself. That first
thing he Yates coming with large knife
That he in place where he could not easily get
away.
EVIDENCE.
DIR. c. X. Crumit testified TO the cause of Yates
death.
William b. Workman (Here Def't had Daniel
Workman sent out of room): II working at Acorn
Shaft. was there three months. remember Rufus
Yates being killed. left next day. went to Kv.,
then went Mo. Knew Rufus Yates about two
years. Got acquainted in KY. He came here after
me about two months ago. was going out of shanty
when Yates was killed. 1t between and .
o'clock at night Saw defendant right at the time.
He standing at the corner of shsnty. He was at
left hand side. heard report and saw fash. saw
Mr.. Fraley just he shot. Gun pointed at Ru-
fus Yates. Yates going out of the door and he
hardly straight, at time of shooting. Yates
asked, Who YOU and in second or two Defend
shot. Yates eating supper just before this.
1 don't know how Yates came to go to door. Heard
noise if tramping running towards or by shanty
and Yates got to out Yates said nothing about
the noise After shot, Yates fell, ten fifteen feet
against side of hill his face. He said: Il am shot
Good bye 1 gone.' l said something to Fraley
and he said, better shut up or he would shoot me.
went in and Dan went to Yates and put his out
The end of the gun appeared to me to be only ORD
feet from Yates when Fraey fired it. Fraey in about
or 10 minutes afterward wanted me TO come over L
told him didn't want to him. That the last
saw of Fraley until 1 saw him iu Jail. know
where Eearl Branscomb lived at that time. 1t was
a short distance Door faces from Earl Branscomb's
house Fraley had been at shanty that day, said
he had from Ky, said he had that day. 1t
about 70 O'Clock. Yates aud Fraley quarreled
made friends, and We're together until or O'Clock
before they parted. Mike Anderson was in the crowd
Fraley away first. He came back TO shanty. We
down at Altoona together Yates and Fraley
went back to shaniy. Nobody there. Dan wasn't
down at Altoona. There three went back to
shanty. Dan and Yates, went down to Altoona after
whisky. Then defendent and Mike Anderson went
away. Didn't defendant again until l him
with gun Altoona is about q of mile. 1t was 25
80 minutes before seen Fraley come. We were eat
ing. Yates eating supper with knife, horn
handle, pretty solid pocket knife. didn't knife
again that night Seen the knife next morning.
Yates and Fraley friendly when they went
away. think they going to Prater's Yates
would weigh about 160 lbs.-pretty stout man. They
had trouble in the shanty. 1t was about 8
O'Clock. Yates came here after Got acquitted
with defendant in 1882. l think don't remember
that Fraley was here before came. Fraley came
here and staid awhile, then Yates came. Defendant
went to see his family in Ky. While defendant
gone Yates came. think Yates about 1st of
Dec. Johnny Mays was killed on the 9th and Yates
the 11th. Yates killed first night after Fraley
got back. don't know if defendant aiming to
stay with that night. think he aiming to
stay with Don't remember about the change of
hats. Know where Fields and Jerry Sexton lived
then Door opened on south side-side from Bran
scomb's. Don't think there is much brush around
front of the shanty. Brusky back of shanty. After
Yates shot Dan put the fire out-his clothes hav
ing caught on fire. When we got out he was laying
on his face, there great blaze. 1 don't remem-
Der whether he was turned over. 1 was out of the
Cabin far enough to blaze. My head and shoul-
ders out when the shot happened and Yates was
a step two in advance of me. The path that comes
within step of the chimney. Fraley or
feet past the Sam higher than where
Yates was, in. foot higher. He shot just
going out. The knife Yates had was common
sized knife. had borrowed knife often. Didn't
knife until next day. Don't remember who showed
me The knife. Heard next morning that Yates had
that knife 1 said heard some one coming. He had
the knife his hand, had Just eating with it.
AS they noise came he started out. He didn't say
anything at all. didn't hear him say there he
nor Bro didn't request him to have any fuss
with Fraley. recollect in the afternoon they
quarreling. Brother told Yates if Sam didn't have
the money to let him work it out in the bank, but
they never got settled. Sam said to Yates that he
would settle it with him that evening. Yates told
me if Fraley didn't pay him he allowed to beat him
to death. This was at time of quarrel about 3
o'clock Yates knocked Mike down there. That
after the talk in the afternoon. Rnfus said Mike
you must eat supper with me- and Mike said he
would see him in hell first then Yates knocked him
down. This was before they went down to Altoona.
Yates and Fraley had fuss. not word until after
the O'Clock fuss. don't know that yates had his
knife out think he had his knife in his hand when
he struck Mike Anderson. Right after this Yates
and my brother went to Glen Roy. They were back
half an hour before Fraley came. They brought a
bottle of whisky. Dan and Ruff went away and Mike
and Fraley went to Earl Branscombs. Then Dan and
Ruf back and eat supper. Didn't say to my
brother let's go and get whisky, and have He'll before
shantied with us just day or two Eat most any
time not having any regular time. We worked till
dark. We later getting supper that day Neith-
er Yates had worked that day. There wasn't
any of drunk Yates and l. and Fraley and Ander-
son were there. Yates said Sam owed him. He had
told me before. Don't remember that he said to me
that that is what he came here for Didn't hear
him say anything about it at the saloon. Can't saw
how long there. went to the p. o. and left
them the saloon. told Mr.. Prater that lived in
Mo. My brother and live in Douglass Co., Mo.
got letter from Mr.. Leach. Letter directed to
both of us. He didn't say 1 would have to come.
| Some said they would pay me and said they
wouldn't. expect to get 81 day. 1t is not as
much as 1 can make at home. Came to jackson on
Goth 22st of February. Some told me 1 might
call myself Williams. That (pointing at PowellI
told me to go by that name. Told my brother &c
by the of Paris. They said we better not talk
| to any body unless knew who they were Said
might talk to Mr.. Powell, Sheriff, MIR. Leach No.
body never asked me nytbing about it. 1 asked
what came for. L said / came witness. The
knife Yates had all the knife he had to eat with
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